CoolSculpting Nightmare: Nationwide Denies Coverage in ‘Fat Freezing’ Injury Lawsuit

CoolSculpting, a non-invasive fat reduction procedure, has gained popularity as an alternative to liposuction. However, an increasing number of patients have reported serious side effects, leading to a surge in CoolSculpting lawsuits. One such case involves a suburban Chicago gym, MetaForm Health & Fitness LLC, where a client, Glenda Hamilton, allegedly suffered burns during a cryolipolysis treatment session four years ago. Now, Nationwide is denying coverage in the resulting injury lawsuit, raising concerns about insurance protection and liability in “fat freezing” procedures.

The Promise and the Peril of CoolSculpting

CoolSculpting, also known as cryolipolysis, is an FDA-cleared procedure that uses controlled cooling to target and eliminate fat cells beneath the skin. It’s often marketed as a safe and effective way to reduce stubborn fat in areas like the abdomen, thighs, flanks, and under the chin. The appeal lies in its non-invasive nature, promising minimal downtime and a gradual reduction of fat over several weeks.

However, CoolSculpting is not without its risks. While minor side effects like redness, swelling, bruising, and numbness are common and usually temporary, more serious complications can occur. One of the most concerning is paradoxical adipose hyperplasia (PAH), a rare adverse effect where the treated fat cells expand and harden instead of shrinking.

Paradoxical Adipose Hyperplasia (PAH): A Growing Concern

PAH is a disfiguring condition that can leave patients with firm, enlarged masses in the treated areas, often described as resembling a “stick of butter.” While Allergan Aesthetics, the owner of CoolSculpting, claims that only a small percentage of patients develop PAH, the actual number may be much higher. Some studies suggest that as many as 1 in 138 patients who undergo CoolSculpting may develop PAH.

The exact cause of PAH is unknown, but it is believed to be a complex response of fat cells to freezing temperatures. Risk factors may include being male, being of Hispanic or Latino descent, or having certain genetic factors. Unfortunately, PAH is often not reversible with diet or exercise, and surgical intervention, such as liposuction, may be required to correct it.

The Linda Evangelista Case: A Turning Point

The dangers of CoolSculpting gained widespread attention when Canadian supermodel Linda Evangelista revealed that she had been “brutally disfigured” by the procedure. Evangelista developed PAH after undergoing CoolSculpting treatments and filed a $50 million lawsuit against Zeltiq Aesthetics, the parent company of CoolSculpting, alleging that she had been unable to work since the procedure.

Evangelista’s case brought much-needed awareness to PAH and the importance of informed consent in cosmetic treatments. It prompted many practitioners and clinics to reassess how they communicate potential side effects to patients. While Evangelista eventually settled her lawsuit for an undisclosed amount, her experience serves as a cautionary tale for anyone considering CoolSculpting.

Nationwide Denies Coverage: The MetaForm Health & Fitness Lawsuit

In the case of MetaForm Health & Fitness LLC, a suburban Chicago gym, a client named Glenda Hamilton alleges that she suffered burns during a cryolipolysis treatment session. Hamilton filed a lawsuit against the gym and its employees, claiming negligence and seeking damages for her injuries.

Now, Nationwide, the gym’s insurance provider, is seeking a declaratory judgment that it has no duty to defend or indemnify MetaForm in the Hamilton lawsuit. Nationwide argues that Hamilton’s injuries do not trigger coverage under the gym’s insurance policy.

Nationwide claims that the policy contains an exclusion for designated operations, including cryogenic chamber/therapy, massage therapy, and medical, therapy, or healthcare services. The insurer argues that cryolipolysis falls under these excluded services, thus negating coverage for Hamilton’s injuries.

Nationwide further asserts that even if the injuries were covered, MetaForm’s failure to promptly notify Nationwide of Hamilton’s lawsuit constitutes a material breach of its policy, precluding coverage. Hamilton filed her suit in April 2022, but the gym did not notify Nationwide until February 2025, despite being instructed to send notice of any suit “as soon as practicable.”

Legal and Ethical Considerations

The MetaForm Health & Fitness case raises several important legal and ethical considerations:

Informed Consent: Did MetaForm adequately inform Hamilton of the risks associated with CoolSculpting, including the possibility of burns and other complications?
Negligence: Were MetaForm’s employees negligent in performing the cryolipolysis treatment, leading to Hamilton’s injuries?
Insurance Coverage: Does MetaForm’s insurance policy cover injuries resulting from cryolipolysis treatments, or is it excluded as a medical or therapy service?
Duty to Warn: Did Zeltiq Aesthetics, the manufacturer of the CoolSculpting device, adequately warn medical professionals about the risks associated with the device, including the potential for burns and PAH?

These questions will likely be at the center of the legal battle between Nationwide and MetaForm Health & Fitness. The outcome of the case could have significant implications for the CoolSculpting industry and the availability of insurance coverage for injuries resulting from “fat freezing” procedures.

Navigating the Risks: What to Consider Before CoolSculpting

If you are considering CoolSculpting, it is crucial to be aware of the potential risks and complications. Here are some steps you can take to protect yourself:

Do Your Research: Thoroughly research CoolSculpting and the potential side effects, including PAH. Look for reputable sources of information, such as medical journals and professional organizations.
Consult with a Qualified Professional: Choose a qualified and experienced medical professional to perform the CoolSculpting procedure. Ensure that they have a thorough understanding of the procedure and its risks.
Informed Consent: Discuss the risks and benefits of CoolSculpting with your provider and ensure that you have a clear understanding of the procedure and its potential complications. Make sure you receive a detailed informed consent form that outlines the risks and benefits of the procedure.
Realistic Expectations: Have realistic expectations about the results of CoolSculpting. It is not a weight-loss solution and may not be suitable for everyone.
Alternative Treatments: Explore alternative fat reduction treatments, such as liposuction, SculpSure, or Vanquish ME. Discuss the pros and cons of each option with your doctor to determine the best course of action for your individual needs and goals.
Insurance Coverage: Check with your insurance provider to determine if CoolSculpting is covered under your policy. Be aware that many insurance companies consider CoolSculpting a cosmetic procedure and may not cover the costs.

The Bottom Line

CoolSculpting can be an effective way to reduce stubborn fat, but it is not without risks. The case of MetaForm Health & Fitness and Nationwide’s denial of coverage highlights the importance of understanding the potential complications and ensuring adequate insurance protection. By doing your research, consulting with a qualified professional, and carefully weighing the risks and benefits, you can make an informed decision about whether CoolSculpting is right for you.

If you have suffered injuries as a result of CoolSculpting, it is important to seek legal advice from a qualified personal injury attorney. An attorney can help you understand your rights and options and pursue compensation for your injuries.